C.R.S. Section 39-26-204
Periodic return

  • collection

(1)

Intentionally left blank —Ed.

(a)

Every person subject to the provisions of this part 2 who uses, stores, or consumes tangible personal property in the conduct of a business in this state, which property is purchased either inside or outside this state, and who has not paid the sales or use tax imposed by this article to a retailer shall make a return and remit the tax imposed by this part 2 to the executive director of the department of revenue for the preceding period covered by the remittance on forms prescribed by him, showing in detail the tangible personal property stored, used, or consumed by said person in the conduct of his business within the state in the preceding period covered by the remittance and on which property the said sales or use tax has not been paid. Every person subject to the provisions of this part 2 shall maintain monthly records of the amount of tax due. At such time as the cumulative tax due at the end of any month is in excess of three hundred dollars, such person shall make a return and remit the tax due before the twentieth day of the following month. If the total tax due in a calendar year is less than three hundred dollars, such person shall make a single return and remittance for such calendar year before January 20 of the following calendar year.

(b)

Every person who is subject to the provisions of this part 2 who uses, stores, or consumes tangible personal property not in the conduct of a business, which is purchased either inside or outside this state, who has not paid the sales or use tax imposed by this article to a retailer, shall make a return and remit the tax annually, at the time the Colorado income tax of such person is due and payable as provided in article 22 of this title, on forms prescribed by the executive director, showing in detail the tangible personal property stored, used, or consumed by said persons within this state for the preceding taxable year.

(c)

All such returns shall be subscribed by the taxpayer or his agent and shall contain a written declaration that it is made under the penalties of perjury in the second degree.

(2)

Intentionally left blank —Ed.

(a)

Every retailer, except those retailers described in subsection (2)(b) of this section, doing business in this state and making sales of tangible personal property for storage, use, or consumption in the state, and not exempted as provided in part 7 of this article 26, at the time of making such sales or taking the orders therefor, or, if the storage, use, or consumption of such tangible personal property is not then taxable under this part 2, then at the time such storage, use, or consumption becomes taxable under this part 2, and sourced as provided in section 39-26-104 (3), shall collect the tax imposed by section 39-26-202, from the purchaser and give to the purchaser a receipt therefor, which receipt shall identify the property, the date sold or the date ordered, and the tax collected and paid. The tax required to be collected by such retailer from such purchaser shall be displayed separately from the advertised price listed on the forms or advertising matter on all sales checks, orders, sales slips, or other proof of sales.

(b)

Repealed.

(3)

It is unlawful for such retailer or agent to advertise or hold out or state to the public or to any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by such retailer or agent, or that it will not be added to the selling price of the property sold, or, if added, that it or any part thereof will be refunded. The tax required to be collected by such retailer or agent shall be remitted to the state in like manner as otherwise provided in this article for the remittance of sales taxes collected by retailers, and all such retailers or agents collecting the tax imposed by section 39-26-202 shall make returns on forms provided by the executive director at such times and in such manner as is provided for the making of returns in the payment of the sales taxes. The procedure for assessing and collecting said taxes from such retailers or agents, or from the user when not paid to a retailer or agent, shall be the same as provided in this article and article 21 of this title for the collection of sales taxes, including collection by distraint warrant, and said taxes due and owing from any retailer or agent for the storage, use, or consumption of tangible personal property shall bear interest and be subject to the same penalties as is provided in this article and article 21 of this title for nonpayment or delinquencies of sales taxes.

(4)

All sums of money paid by the purchaser to the retailer as taxes imposed by this article shall be and remain public money, the property of the state in the hands of such retailer, and he shall hold the same in trust for the sole use and benefit of the state until paid to the executive director of the department of revenue. For failure to so pay to the executive director, such retailer shall be punished as provided by law.
(5)(a)(I) If a person neglects or refuses to make a timely return in payment of the tax or to pay or correctly account for any tax as required by this article 26, the executive director of the department of revenue shall make an estimate, based upon the information that may be available, of the amount of taxes due or not accounted for or incorrectly accounted for on a return for the period for which the taxpayer is delinquent. The executive director shall add to the estimated amount of taxes due or not accounted for interest if applicable under section 39-21-110.5, and a penalty equal to the greater of:

(A)

The sum of fifteen dollars; or

(B)

Ten percent of such unpaid, unaccounted, or incorrectly accounted amount, plus one-half percent per month from the date when due, not exceeding eighteen percent in the aggregate.

(II)

The executive director shall provide the delinquent taxpayer written notice of the estimated taxes, penalty, and interest by first-class mail as set forth in section 39-21-105.5.

(b)

Such estimate shall thereupon become a notice of deficiency as provided in section 39-21-103. At the delinquent taxpayer’s request, a hearing shall be held and the executive director shall make a final determination pursuant to said section. The taxpayer may appeal said final determination in the manner provided in section 39-21-105.

Source: Section 39-26-204 — Periodic return - collection, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-39.­pdf (accessed Oct. 20, 2023).

39‑26‑101
Short title
39‑26‑102
Definitions
39‑26‑102.5
Change of references from “Internal Revenue Code of 1954” to “Internal Revenue Code of 1986”
39‑26‑103
Licenses - fee - revocation - definition
39‑26‑103.5
Qualified purchaser - direct payment permit number - qualifications
39‑26‑104
Property and services taxed - definitions
39‑26‑105
Vendor liable for tax - definitions - repeal
39‑26‑105.2
Remittance of tax - GIS - vendor held harmless - requirements of GIS database - rules - definition
39‑26‑105.3
Remittance of tax - electronic database - vendor held harmless - repeal
39‑26‑105.4
Remittance of tax - determination of address - dealer held harmless
39‑26‑105.5
Remittance of sales taxes - electronic funds transfers
39‑26‑106
Schedule of sales tax
39‑26‑107
Rules and regulations
39‑26‑108
Tax cannot be absorbed
39‑26‑109
Reports of vendor
39‑26‑111
Credit sales
39‑26‑112
Excess tax - remittance - repeal
39‑26‑113
Collection of sales tax - motor vehicles - off-highway vehicles - exemption - process for motor vehicles sold at auction - exception - definition
39‑26‑113.5
Refund of state sales taxes for vehicles used in interstate commerce - fund
39‑26‑115
Deficiency due to negligence
39‑26‑116
Record of sales
39‑26‑117
Tax lien - exemption from lien
39‑26‑118
Recovery of taxes, penalty, and interest - repeal
39‑26‑119
License and tax additional
39‑26‑120
False or fraudulent return, statement - penalty
39‑26‑121
Penalty
39‑26‑122
Administration
39‑26‑122.5
Collection of sales tax - enhanced efficiencies - intergovernmental agreements with local governments - legislative declaration
39‑26‑123
Receipts - disposition - transfers of general fund surplus - sales tax holding fund - creation - definitions
39‑26‑124
Applicability to banks
39‑26‑125
Limitations
39‑26‑126
Legislative finding as to revenues for old age pension fund
39‑26‑127
Legislation modifying the state sales tax base - no impact on local government sales tax bases - no expansion of local authority to levy sales tax
39‑26‑128
Uniform sales and use tax base - definition
39‑26‑129
Refund for property used in rural broadband service - legislative declaration - definitions
39‑26‑201
Definitions
39‑26‑202
Authorization of tax
39‑26‑204
Periodic return - collection
39‑26‑204.5
Remittance of tax - electronic database - retailer held harmless - repeal
39‑26‑204.6
Remittance of tax - determination of address - motor vehicle dealer held harmless
39‑26‑205
Tax constitutes lien - exemption from lien
39‑26‑206
Failure to make return
39‑26‑207
Penalty interest on unpaid tax
39‑26‑208
Collection of use tax - motor vehicles
39‑26‑209
Rules and regulations
39‑26‑210
Limitations
39‑26‑211
Applicability to banks
39‑26‑212
Legislation modifying the state use tax base - no impact on local government use tax bases - no expansion of local authority to levy use tax
39‑26‑401
Definitions
39‑26‑402
Refund of state sales and use tax for biotechnology - application requirements and procedures
39‑26‑701
Definitions
39‑26‑702
Department of revenue - rules
39‑26‑703
Disputes and refunds - repeal
39‑26‑704
Miscellaneous sales tax exemptions - governmental entities - hotel residents - schools - exchange of property
39‑26‑705
Miscellaneous use tax exemptions - printers ink and newsprint - manufactured goods
39‑26‑706
Miscellaneous sales and use tax exemptions - internet access - refractory materials - precious metal bullion and coins
39‑26‑707
Food, meals, beverages, and packaging - definitions
39‑26‑708
Construction and building materials - legislative declaration - definition
39‑26‑709
Machinery and machine tools - definitions
39‑26‑710
Railroads - construction and building materials - tangible personal property - work equipment - rolling stock
39‑26‑711
Aircraft - tangible personal property
39‑26‑711.5
Aircraft - use outside state
39‑26‑711.8
Aircraft - use outside state - on-demand air carriers
39‑26‑711.9
Historic aircraft on loan for public display - definition
39‑26‑712
Trailers and trucks
39‑26‑713
Tangible personal property
39‑26‑714
Vending machines - definitions
39‑26‑715
Fuel and oil - definitions
39‑26‑716
Agriculture and livestock - special fuels - definitions
39‑26‑717
Drugs and medical and therapeutic devices - legislative declaration - definitions - repeal
39‑26‑718
Charitable organizations - association or organization of parents and teachers of public school students
39‑26‑719
Motor vehicles
39‑26‑720
Bingo equipment
39‑26‑721
Manufactured homes and tiny homes
39‑26‑723
Colorado wood products - repeal
39‑26‑724
Components used to produce energy from a renewable energy source - definitions
39‑26‑725
Sales related to a school - definitions
39‑26‑726
Medical marijuana - debilitating conditions and ability to purchase
39‑26‑727
Tribal exemption - motor vehicles - partial interest - definition - legislative declaration
39‑26‑728
Property for use in space flight - definitions
39‑26‑729
Retail sales of marijuana
39‑26‑730
Sales and use tax exemption forms - simplification - legislative declaration
39‑26‑731
Eligible decarbonizing building materials - tax preference performance statement - legislative declaration - definition - repeal
39‑26‑732
Heat pump systems - tax preference performance statement - legislative declaration - definitions - repeal
39‑26‑733
Residential energy storage systems - tax preference performance statement - legislative declaration - definition - repeal
39‑26‑734
Rebuilding from declared wildfire disaster - tax preference performance statement - legislative declaration - definitions - repeal
39‑26‑801
Legislative declaration
39‑26‑802
Sales and use tax simplification task force - creation
39‑26‑802.5
Sales and use tax simplification - request for information
39‑26‑802.7
Electronic sales and use tax simplification system - sourcing method - implementation - legislative intent - definitions
39‑26‑802.9
Retailers without physical presence or with only incidental physical presence in local taxing jurisdictions - streamlined application process and no fee for local general business license - legislative declaration - definitions
39‑26‑803
Gifts, grants, or donations
39‑26‑804
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 39-26-204’s source at colorado​.gov